Section 096-424-3 - Notification RequirementsA.Initial notification procedure. Any person, owner or operator intending to engage in a lead abatement project at a residential dwelling unit or child-occupied facility must submit a written notification to the Department at least five (5) working days prior to commencement of the abatement project, including set-up or on-site preparation activities. Delivery of the notice by U.S. Postal Service, commercial delivery service, hand delivery, e-mail or other methods as approved by the Department is acceptable. Note: Section 6(B) requires the lead abatement contractor to ensure that the notification is received by the Department; it is the responsibility of the contractor to retain record of delivery to demonstrate it has met this requirement.
B.Notification information. The following information must be included in full on a Department approved notification form:(1) A clear statement of whether the notification is the original or a revised notification;(2) The name, address, and telephone number of the following: (b) The operator of the lead abatement activity.(3) A listing of abatement methods for interior or exterior project(s) that will be utilized (e.g., complete paint removal, component removal, encapsulation, window removal, soil abatement);(4) The facility address, including building name (if applicable), number, and floor, unit, or room number of the work area in which the lead abatement activity will take place; Note: A separate project code in the written notification is required for each unit within the multi-family dwelling unit.
(5) Scheduled starting and ending dates of the lead abatement activities (encompassing set-up, abatement, and clearance dates);(6) Scheduled lead abatement project work hours for each lead abatement project by dwelling unit, if applicable, including planned shift work. A weekly updated schedule for each lead abatement project by dwelling unit, if applicable, shall be emailed to the Department each Monday morning until the lead abatement project is complete;(7) The name and Maine certification number of the design consultant or project supervisor who prepared the occupant protection plan, and if applicable, the name and Maine certification number of the design consultant who prepared the project design; and(8) The name and location of the licensed waste disposal site(s) at which the lead-based paint wastes will be disposed.C.Notification revision procedure. Any person, owner or operator intending to engage in a lead abatement project at a residential dwelling unit or child-occupied facility must submit notification of changes from the initial notification as follows:(1) If the activity will begin on a date earlier than the original start date, the person, or operator must submit to the Department a new or revised notification that meets the requirements of this Section, including ensuring notification is received by the Department at least five working days prior to commencement of abatement activities. Approved methods of communication such as e-mail delivery of a written notification revision is also acceptable.(2) If the activity will begin later, or end earlier or later, than the dates set forth in the original notification, the person, or operator must notify the Department by U.S. Postal Service, commercial delivery service, hand delivery, e-mail or other method approved by the Department of the new start or end date as soon as possible before, but not later than 24 hours prior to, the original start or end date, as applicable.(3) If the activity will not occur on any of the dates set forth in the original or most recent notification revision, the operator must notify the Department no later than 24 hours prior to the start date in the original or most recent notification revision.(4) Notification Timeframe Waiver. Notification for lead abatement for which the Department approves a notification period less than that required in Section 2(A) of this Chapter must be received by the Department as soon as possible, but no later than 24 hours prior to commencement of the lead abatement project, including set-up or on-site preparation activities. Delivery of the notification by U.S. Postal Service, commercial delivery service, hand delivery, e-mail, or other method as approved by the Department is acceptable. To be eligible for this provision, the person, or operator must demonstrate that reasonable planning and foresight could not have predicted the circumstances that rendered the notification procedure outlined in these rules insufficient to protect public health and the environment had it been properly executed. Examples include, but are not limited to, a public health threat exists or will develop if the project is not initiated within a very limited timeframe. A work practice waiver not previously requested while conducting a lead abatement activity necessitated by an unforeseeable circumstance.
06-096 C.M.R. ch. 424, § 3